re: #111 realwest

Senate Seat Dispute May Head to Court

The extent of that power has been tested before the Supreme Court only once, after the House decided not to seat embattled Democrat Rep. Adam Clayton Powell Jr., in 1967 despite his re-election to the seat. The high court ruled that the chamber could not block Mr. Powell, because he was duly elected and met all of the other constitutional requirements for office.

Mr. Burris would be appointed, however, which could change the equation, Mr. Ritchie said. Senate lawyers are now closely studying the decision in Mr. Powell’s case, which was decided by the Supreme Court in 1969.

Paul Sracic, chair of the political science department at Youngstown State University and a professor of constitutional law, said the Supreme Court case “is pretty clear that when judging the qualifications of members, each house is limited to age, citizenship and residency qualifications.”

/Reid has no legal standing to deny Burris his Seat